UN Conference on Chemicals and Waste Ends on a Bang

Staying true to the COPs’ theme “from science to action, working for a safer tomorrow,” the COPs adopted more than 50 decisions.   Negotiations in Geneva focused on convention-specific issues such as the listing of new chemicals under the Stockholm and Rotterdam Conventions and adoption of technical guidelines on used electronics and persistent organic pollutants (POPs) wastes under the Basel Convention. More than 1000 participants attended the meetings.  The recycling industry, represented by Industry Observers, Eric Harris (ISRI) and Ross Bartley (BIR), finds itself within a number of ongoing efforts by the COPs.  Of most importance to the recycling industry, the COPs agreed to:

Adopt the Technical Guidance on the Transboundary Movement of Used Electronics for Repair and Refurbishment (UNEP/CHW.12/CRP.33/Rev.1)

Ending a very contentious negotiation, the Parties adopted, on an interim basis, the technical guidelines on transboundary movements of used electronics, with the understanding that they are of a non-legally binding nature and that the national legislation of a party prevails over the guidance provided within the TGs, in particular in paragraphs 30, 38, and 39.  Although adopted, a number of contentious issues were placed into an annex to be worked on in the Open Ended Working Group’s (OEWG) 2016-2017 work program (e.g., residual lifetime and age of used equipment; management of hazardous wastes from failure analysis, repair and refurbishment operations in developing countries; obsolete technologies, including cathode ray tubes; and the presence of hazardous components in used equipment).  

Nevertheless, the recycling industry was successful in inserting language that ensures parity for recyclers with all other market participants.  Over the last few years, the negotiation has transformed from focusing on a very narrow listing of “exceptions” for product “producers” to a much needed discussion on how any “person” arraigning for transport of used equipment should be regulated when shipped for repair and refurbishment.  Certainly, an overall positive step has been taken by this adoption and recyclers are well positioned to take advantage of the guidance between waste and non-waste and the transboundary movement therein, but, with so many unanswered questions remaining, it’s not entirely clear what the ultimate guidance will be.    

Adopt the Work Program for the Expert Working Group on ESM (UNEP/CHW.12/CRP.16)

The Parties agreed to extend the mandate of the Expert Working Group on Environmentally Sound Management (ESM) to revise the draft practical manuals and the fact sheets that includes: Used Electronics; End-of-Life Motor Vehicles; Medical Waste; Household Waste; Lead Acid Batteries and Used Tires) and to revise the practical manuals and fact sheets for the OEWG in 2016. Collectively, the manuals and fact sheets are part of an ESM “tool-kit” that will be sent to all Parties to the Convention. ReMA and BIR continue to be active in the EWG on ESM.

Expand the PACE Work Plan (UNEP/CHW.12/CRP.20)

The Parties agreed to further efforts of the Partnership for Action for Computing Equipment (PACE) and recognized the group as a public-private partnership within the framework of the Basel Convention that is achieving successful outputs in the ESM of used and end-of-life computing equipment.  PACE has been tasked to produce a revised guidance document on the transboundary movement of such computing equipment and to develop an implementation strategy for all of the PACE guidance documents.

The decision encourages Parties and Stakeholders to make financial and/or in-kind contributions to: facilitate developing countries and countries with economies in transition to implement activities as identified in the strategy and work plan; facilitate projects on collection and management of such computing equipment from the informal sector; facilitate the identification of actions and incentives to promote the environmentally-sound reuse, refurbishment, repair, recycling and material recovery of such computing equipment.  ReMA and BIR have been active members of PACE since its inception in June, 2008 in Bali, Indonesia.

Adopt the General Guidance on ESM for materials containing POPs (UNEP/CHW/12/CRP.18)

As part of the effort to synergize the Conventions, the Parties have been working on how the Basel Convention can control the transboundary movement of certain POPs (persistent organic pollutants).  This could impact the recycling industry, particularly with POPs in scrap plastic, such as variations of bromine, like pentaBDE.  There is an ongoing discussion on whether there should be a low-POP exceptions for certain activities, such as recycling.  As part of this effort, the Parties have decided to review all of the provisional low-POP content values in the general and specific technical guidelines.

Develop a Work Plan for the ESM of Household Waste (UNEP/CHW.12/CRP.22)                              

Many often forget that the Basel Convention has jurisdiction on household wastes, including recyclables collected therein.  A long neglected issue, the Parties have agreed to develop innovate solutions to improve the collection, separation, recycling, recovery and final disposal of such wastes, including sound handling of hazardous objects or substances contained in household waste.  The next step is to develop a work plan on the ESM of household waste with a focus on the needs of developing countries and countries with economies in transition.  The plan will include, but not be limited to, developing guidance documents on, inter alia, best practices, business models, and innovative solutions for the circular economy in various socio-economic contexts, and partnerships to assist municipalities.

Further the Environmentally Sound Dismantling of Ships (UNEP/CHW.12/17)

Noting collaboration with the Marine Environment Division of the International Maritime Organization (IMO) the Parties agreed to continue and further develop the programs for sustainable ship recycling. The guidance is meant to complement the work by the IMO, such as downstream waste management.

The next back-to-back, Super COP will be held in Geneva, CH, from April 22-May 5, 2017. For further information, please contact Eric Harris.